City of Cisco, Texas Ordinance No

Transcription

1 City of Cisco, Texas Ordinance No AN ORDINANCE OF THE CITY OF CISCO, TEXAS, AMENDING CHAPTER 13 (MOTOR VEHICLES AND TRAFFIC) OF THE CISCO CODE OF ORDINANCES 1994, BY ADDING ARTICLE IV. (OPERATION OF A GOLF CARTS/ UTILITY VEHICLES ON PUBLIC STREETS); REGULATING THE OPERATION OF GOLF CARTSIUTILITY VEHICLES ON PUBLIC STREETS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Chapter 551, Subchapter F, of the Texas Transportation Code, to allow for the operations of golf carts/utility vehicles within the municipalities under certain conditions; and WHEREAS, the Texas Transportation Code grants to municipalities the authority to control the operation of motor vehicles using its streets and to prescribe reasonable and safe restrictions related to the stopping, standing and parking of vehicles; and WHEREAS, the Texas Transportation Code also permits municipalities to prohibit the operation of golf carts/ utility vehicles on a public highway if the governing body of the municipality determines that the prohibition is necessary in the interest of safety ; and WHEREAS, the City Council of the City of Cisco, Texas ("City Council") has investigated and detenmned that the prohibitions set forth in this Ordinance are necessary in the interest of safety; and WHEREAS, the City Council has further investigated and determined that it would be advantageous and beneficial to the citizens of the City of Cisco, Texas ("Cisco") and in the best interest of the public health, safety and welfare of the citizens and the public to establish regulations for the operation of golf carts/ utility vehicles by amending Cisco's Code of Ordinances 1994 Chapter 13 (Motor Vehicles and Traffic), to add article IV (Operation of Golf Carts/ utility vehicles on Public Streets) as set forth below. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CISCO, TEXAS: herein. SECTION 1 Finding Incorporated. The findings set forth above are incorporated into the body as if fully set forth SECTION 2 Amendment to Chapter l3 (Motor Vehicles and Traffic).ofCisco's Code of Ordinances 1994, adding Article IV (Operation of Golf CartslUtility Vehicles on Public Streets). Chapter l3 (Motor Vehicles and Traffic) of Cisco's Code of Ordinances 1994, is hereby amended to add Article IV (Operation of Golf Carts/ utility vehicles on Public Streets) to read as follows:

2 ARTiClE IV OPERATION OF GOLF CARTS ON PUBLIC STREETS Sec Definitions The following words, terms, and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Driver means the person driving and having physical control over the golf cart. Driver's License means an authorization issued by a State for the operation of a motor vehicle. The term includes: {1} a temporary license or instruction permit; and {2} an occupational license. Golf Cart means a motor vehicle designed by the manufacturer primarily for transporting persons on a golf course. Owner means the person holding the title to the golf cart. Parking Area means those areas accessible to the public by motor vehicular traffic and which are designated for temporary parking of motor vehicles, usually in places referred to as parking lots. Permit means a certificate/decal of authorization issued to the applicant by the City's Police Department authorizing the operation of the golf cart for which the permit was issued. The decal will display the month and year of expiration. Permit Holder means the person to whom a golf cart permit has been issued. Public Safety Personnel means any employee or officer of a governmental law enforcement agency or the Cisco Fire Department. Public Street means a publicly-owned or dedicated road, street, drive, or other right-ofway for the use of vehicles within the corporate boundaries of Cisco. Sidewalk means the portion of a street that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use. Slow-Moving-Vehicle-Emblem means a triangular emblem that conforms to standards and specifications adopted by the Director of the Texas Department of Transportation under Section of the Texas Transportation Code and is displayed in accordance with Section of the Texas Transportation Code.

3 Texas Transportation Code means the code as it currently exists or may be amended. Traffic way is any land way open to the public as a matter of right or custom for moving persons or property form one place to another. The traffic way includes all property, both improved and unimproved, between the property lines of a roadway system. Utility Vehicle is a truck with low sides designed for carrying small loads. Working days shall mean Monday through Friday, excluding City holidays. Sec Golf Carts/Utility Vehicles Permitted and Restricted A person, other than Public Safety Personnel, may operate a golf cart/utility vehicle on a public street, parking area and lor traffic way if the person obtains a permit and meets the following requirements: a) The maximum speed limit on the public street is thirty-five (35) miles per hour or less; b) Golf cart/utility vehicle driver's shall hold a valid Texas driver's license and shall abide by all traffic and parking regulations applicable to a passenger car when operating a golf cart/utility vehicle on the streets and parking areas of the City; c) The pe rson maintains current financial responsibility for the golf cart/utility vehicle, as required of other passenger vehicles in Section of the Texas Transportation Code; d) The person complies with all applicable federal, state and local laws and ordinances; e) The golf cart/utility vehicle has the following equipment, which must continuously remain in good working and operational order: (1) Two (2) headlamps; (2) Two (2) tail lamps; (3) Side reflectors (two (2) front, amber in color and two (2) rear, red in color); (4) Parking brake; (5) Rearview mirror(s), capable of a clear, unobstructed view of at least two hundred feet (200') to the rear; (6) Slow-moving vehicle emblem; and f) The equipment described herein meets the Texas and Federal Motor Vehicle Safety Standards, as they exist or may be amended; and g) While the golf cart/utility vehicle is in motion, the driver and every passenger in a golf cart/utility vehicle is seated in a seat designed to hold passengers. No person may stand or ride in the lap of the driver and/or other passenger of a golf cart/utility vehicle while it is moving. Sec Additional Requirements for Golf Carts/Utility Vehicle Powered by Gasoline Comment [j1]: MigrationConfirmed set by jelrod

4 In addition to the requirements set forth in Sec above, every golf cart/utility vehicle powered by gasoline shall at times be equipped with an exhaust system in good working order and in constant operation and meeting the following specifications: a) The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler and exhaust pipes or including any and all parts specified by the manufacturer; b) The exhaust system and its elements shall be securely fastened with brackets or hangers, which are designed for the particular purpose of fastening golf cart/utility vehicle exhaust systems; c) The engine and powered mechanism of every golf cart/utility vehicle shall be so equipped, adjusted and tuned so that the exhaust is in good working order; and d) It shall be unlawful for the Owner of any golf cart/utility vehicle to operate or permit the operation of such golf cart/utility vehicle on which any device controlling or abating atmospheric emissions which is placed on a golf cart/utility vehicle by the manufacturer is rendered unserviceable by removal, alteration or which interferes with its operation. Sec Additional Operational Regulations for all Golf Carts/Utility Vehicles a) Except for Public Safety Personnel, golf carts/utility vehicles shall not be operated on any sidewalk, pedestrian walkway, jogging path, park trail or any location normally used for pedestrian traffic; b) All golf carts/utility vehicles are entitled to a full use of a lane on the authorized public streets, parking areas and traffic ways of Cisco, and no motor vehicle shall be driven in such a manner as to deprive any golf cart/utility vehicle of the full use of a lane; c) The driver of a golf cart/utility vehicle shall not overtake and pass in the same lane occupied by the vehicle being overtaken; d) No driver shall operate a golf cart/utility vehicle between lanes of traffic or between adjacent lines or rows of vehicles; e) The driver of a golf cart/utility vehicle is prohibited from driving golf carts/utility vehicles on either Eighth (8 ) Street or Conrad Hilton Avenue. Driver's may only cross Conrad Hilton Avenue and Eighth (8 th ) Street in areas where the speed on these two streets is thirty-five (35) miles per hour; f) The num ber of occupants in a golf cart/utility vehicle shall be limited to the number of persons for whom factory seating is installed and provided on the golf cart/utility vehicle; g) Children must be properly seated while a golf cart/utility vehicle is in motion and may not be transported in a reckless or negligent manner. No person younger than six (6) years of age may be transported in a golf cart/utility vehicle unless restrained by a th

5 safety belt restraint; h) Golf carts/utility vehicles may not be used for the purpose of towing another golf cart/utility vehicle, trailer or vehicle of any kind including, without limitation, to a person on roller skates, skateboard or bicycle. A person employed by a gold course may tow a golf cart(s)/utility vehicle for the purpose of relocating the cart(s)/ vehicle from one portion of a golf course to another portion of the same golf course; and i) Golf carts/ utility vehicles shall not be operated during inclement weather or when visibility is impaired by weather, smoke, fog, or other condition, or at any time when there is insufficient light to clearly see persons or vehicles on the roadway at a distance of five hundred feet (500'). Sec liability a) Nothing in this Article shall be construed as an assumption of liability by Cisco for any injuries (including death) to persons, pets, or property which may result from the operation of a golf cart/utitlity vehicle by an authorized driver; and b) Owners are fully liable and accountable for the action of any individual that they provide permission to operate and drive said golf cart/utility vehicle, both on personal and/or any authorized public streets, parking areas and traffic ways. This described liability responsibility especially applies to personal injuries (including death) or property damage resulting from golf cart/utility vehicle drivers who are minors under the age of twenty-one (21) with or without a current and valid driver's license. Sec Permit Required a) No person shall operate, cause to be operated or allow the operation of a golf cart/utility vehicle on any authorized public streets, parking areas and traffic ways unless a valid permit has been issued for the golf cart/utility vehicle or otherwise allowed by law. A permit is not required for golf carts owned or leased by the golf course and used entirely on the golf course or crossing from one section of a golf course to another section of the same course. A permit is not required for a privately owned golf cart used entirely on the golf course or crossing form one section of a golf course to another section of the same course. No golf cart exempted from permitting under this section may be operated on any public streets, parking areas and traffic ways for any other purpose; b) Application for a permit authorizing the operation of a golf cart/utility vehicle shall be made by person who owns, leases or otherwise uses a golf cart/utility vehicle. Such application shall be made in writing to the City's Police Department on a form designated for that purpose. On such application shall be set forth the following:

6 1) The name, address, telephone number and state driver's license number, if applicable, of the permit holder; 2) The street address where the golf cart/utility vehicle is kept, including the particular suite or apartment number, if applicable; 3) The business name used for the premises where the golf cart/utility vehicle is kept, if applicable; 4) The year, make, model, color, vehicle identification number or serial number in no vehicle identification number has been issued to the golf cart/utility vehicle, electric or gasoline; and 5) The person{s) and location, designated by the City Chief of Police, that inspected the golf cart/utility vehicle, including a certification by said inspector that the golf cart/utility vehicle complies with the requirements of this Ordinance before issuance of a permit; c) The permit shall be permanently affixed on the left side of the golf cart/utility vehicle in such a manner that is it clearly visible from fifty feet (50'). The permit must not be damaged, altered, obstructed or otherwise made illegible. The perm it holder shall apply for replacement permit and pay all applicable cost associated with the issuance and inspection of the golf cart/utility vehicle; d) The permit shall only be placed upon the golf cart/utility vehicle for which it was issued; e) A permit issued to a golf cart shall become invalid if the golf cart/utility vehicle is altered in a manner that fails to comply with any requirements of this Ordinance; f) Permits/Stickers are valid for a period of (2) two years. The following fee shall apply: 1) Inspection by Police Department $20.00 (includes Permit/Sticker); g) The permit holder shall notify the City's Police Department within ten (10) working days if the golf cart/utility vehicle transfers ownership or the address of the normal storage location has changed. The information shall be submitted on a form designated by the City's Chief of Police: h) Lost or stolen Permit/Stickers are the responsibility of the Owner. A police report must be filed in the event of a lost or stolen Permit/Sticker. If no record can be found of a previous application, or the receipt of a Permit/Sticker, the City's Chief of Police may direct the applicant to reapply, and also resubmit any and all fees necessary before a replacement Permit/Sticker is issued. There will be a five (5) dollar fee to replace lost or stolen Permit/Stickers; i) Any person who operates a golf cart/utility vehicle and fails to receive and properly display a City Permit/Sticker will be subject to all applicable state laws, in addition to being in violation of this Ordinance; and

7 j) A permit may be revoked at any time by the City's Chief of Police, or his designee, if there is any evidence that the permit holder cannot safely operate a golf cart/utility vehicle on any authorized public streets, parking areas and traffic ways of the City in compliance with this Ordinance. Sec Public Safety Personnel Public Safety Personnel may operate a golf cart/utility vehicle on any public street, parking areas and traffic ways without further restrictions when the golf cart/utility vehicle is used in the performance of his/her duties. SECTION 3. Penalty Provision. Any person, firm, entity or corporation who violates any provision of this Ordinance, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Cisco from filing a suit to enjoin the violation. Cisco retains all legal rights and remedies available to it pursuant to local, state, and federal law. SECTION 4. Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution form being commenced for any violation if occu rring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTIONS. Severability. Should any section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full for force and effect. Cisco hereby declares that it would have passed this Ordinance, and each section, subsection, clauses and phrases be declared unconstitutional or invalid. SECTION 6. Effective Date. This Ordinance shall be effective immediately upon its passage and publication as required by law.

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